1. The Site
By creating a CPP account, you may purchase assessment reports, support materials, and other materials (collectively, “CPP Products”) in physical and electronic format. CPP accounts may only be used by a single, named, natural person (“User”).
Certain CPP Products made available through the Site may require administration on a separate CPP platform (for example, without limitation: CPP’s Elevate® assessment platform); in such cases, use of those CPP Products may be governed by additional terms and conditions, as made available by CPP in writing on those platforms. You understand and agree that your use of such CPP Products will at all times be governed by those additional terms and conditions.
2. Orders, Fees, & Payment Terms
Orders may be placed online using your CPP account or offline via mail or telephone using the information in the “Contact Us” section of the Site.
Rates for all CPP Products are as listed on the Site. Fees for CPP Products must be paid upfront by credit card unless you have a separate, written agreement with CPP allowing for another arrangement. If you are set up to order CPP Products via purchase order (through contact with your CPP sales representative), then all payments shall be made payable to CPP, Inc. in U.S. Dollars and payments are due thirty (30) days from CPP’s invoice date. Payments not received within thirty (30) days will be considered late and will bear interest at the rate of one and one-half percent (1.5%) per month (or the maximum amount permitted by law, whichever is lower) on the unpaid balance from the payment due date until the date actually paid. If any charge owed is thirty (30) days or more overdue, CPP may, without limiting its other rights and remedies, suspend your CPP account and restrict your access to the Site until such amounts are paid in full, along with applicable late fees.
You are responsible for all applicable federal, state, and local taxes, duties, fees, charges, surcharges, or other similar exactions, (whether such exactions are imposed directly upon you or upon CPP) (“Taxes”) imposed on transactions you make on the Site. “Taxes” do not include any taxes that are imposed on or measured by the net income of CPP. If you are tax-exempt, you may provide duly-executed documentation evidencing your tax-exempt status to CPP for CPP’s review and consideration. If CPP accepts the documentation, CPP shall exempt you from Taxes on a going-forward basis, provided that you keep all tax exemption documentation accurate and current.
3. Data & Privacy
4. Your Responsibilities
5. Restricted Instruments
Certain of CPP’s assessments are considered “Restricted Instruments” and have additional requirements relating to their purchase and administration. Only Users that have been certified by CPP (or one of CPP’s partner certification organizations) (collectively, “Certified Practitioners”) may purchase and administer Restricted Instruments. If you administer a Restricted Instrument, you acknowledge that you must, and agree that you will, provide real-time feedback and interpretation to each respondent who responds to that Restricted Instrument, which feedback may be delivered in person, over the phone, or through contemporaneous text or video chat (each, an “Interactive Interpretation Session”). Interactive Interpretation Sessions must be more comprehensive than simply providing or passing along a Respondent’s report and must allow the Respondent to ask questions and receive feedback in a non-automated format.
6. Support, Downtime, & Availability
If you need assistance with creating or using your CPP account or purchasing CPP products, CPP will provide you with limited, basic support (as determined by CPP in its sole discretion). Please contact CPP using the information located in the “Contact Us” section of the Site.
CPP will use commercially reasonable efforts to make the Site available at all times except for planned downtime and unavailability caused by circumstances beyond CPP’s reasonable control, including without limitation: acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, equipment malfunctions, power failures, Internet service provider failures, and other technology failures. Notwithstanding any of the foregoing, you have no expectation regarding the availability or functionality of the Site. You agree that your purchases are not contingent upon the delivery of any additional functionality or any additional support from CPP.
CPP reserves the right to take any of the CPP Products out of print or otherwise make such CPP Products unavailable at any time without notice to you. If you have pre-purchased any CPP Products from CPP (for example, without limitation: a pre-purchased assessment administration) and those pre-purchased CPP Products are taken out of print or otherwise made unavailable by CPP, then you may contact CPP using the information in the “Contact Us” section of the Site and CPP will notify you of your options with respect to those pre-purchased CPP Products, which options may include (without limitation): converting pre-purchased CPP Products to a substitute or replacement product of CPP’s choosing; or converting the value of those pre-purchased CPP Products into credit for use on the Site within a defined period. If CPP provides such options to you and you do not exercise them before the deadline(s) specified by CPP, then you acknowledge that you will forfeit the value of any such pre-purchased CPP Products.
7. Intellectual Property
8. Term & Termination
If your CPP account terminates or expires for any reason (including, without limitation, by deletion), then: (i) you will immediately lose all access to your CPP account and portions of the Site requiring a CPP account; (ii) you will immediately stop making use of CPP’s intellectual property and CPP Products that are no longer licensed to you; and (iii) you will not receive any refunds for any account credits, unused inventory, or pre-purchased CPP Products that you have not redeemed prior to such termination or expiration, nor for any unused portion of any subscription-based CPP Products you may have accessed.
CPP PRODUCTS AND SERVICES ARE PROVIDED “AS-IS.” CPP MAKES NO REPRESENTATION OR WARRANTY REGARDING THE CPP PRODUCTS OR SERVICES, INCLUDING ANY REPRESENTATION THAT THE CPP PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CPP DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
February 2018 version